Sihler et al v. The Fulfillment Lab, Inc et al

Filing 108

ORDER Granting Motion To Lift Stay [ECF No. 99 ]. Signed by Judge Linda Lopez on 1/10/2022. (ddf)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18

JANET SIHLER, individually and on
behalf of all others similarly situated;
CHARLENE BAVENCOFF, individually
and on behalf of all others similarly
situated,

Case No.: 20cv1528-LL-MSB
ORDER GRANTING MOTION TO
LIFT STAY

Plaintiffs,
v.

[ECF No. 99]

THE FULFILLMENT LAB, INC.;
RICHARD NELSON;
BEYOND GLOBAL, INC.,
Defendants.

19
20
21

On November 1, 2021, the Court issued an order granting the parties’ joint motion

22

to stay this matter pending relief or clarification of the scope of the automatic stay imposed

23

by the bankruptcy court when Defendant Beyond Global, Inc. filed for Chapter 7

24

bankruptcy. ECF No. 98. On January 4, 2022, this case was transferred to the undersigned.

25

ECF No. 107.

26

Currently before the Court is Plaintiffs’ Notice of Termination of Bankruptcy Stay

27

and Motion to Lift Stay. ECF No. 99. Plaintiffs state that the bankruptcy of Defendant

28

Beyond Global, Inc. was closed on November 24, 2021, the automatic bankruptcy stay has
1
20cv1528-LL-MSB

1

been terminated, and there is no longer a barrier to discovery proceeding in this action. Id.

2

at 2. Plaintiffs attached a copy of the docket for the bankruptcy case indicating that the case

3

has closed. ECF No. 99-1 at 4. On December 16, 2021, Defendant Beyond Global, Inc.

4

filed a notice that on November 24, 2021, the docket in the bankruptcy case indicated

5

“[t]he trustee has filed a Final Account and has certified that the estate, if any has been

6

fully administered.” ECF No. 104. at 1–2. Because the bankruptcy case has closed, the

7

Court finds it appropriate to GRANT Plaintiffs’ Motion to Lift the Stay and ORDERS the

8

following:

9
10
11

1.

The parties shall contact the magistrate judge within three days of the issuing

of this Order to address discovery deadlines.
2.

In resetting any discovery deadlines, the magistrate judge shall vacate the

12

current scheduling order and set pretrial deadlines up to and including the deadline to file

13

the motion for class certification.

14
15
16
17

3.

The January 18, 2022 motion hearing for the Motion to Vacate Stay shall be

VACATED.
IT IS SO ORDERED.
Dated: January 10, 2022

18
19
20
21
22
23
24
25
26
27
28
2
20cv1528-LL-MSB